Matter of Geneva A. (Anonymous)
Motion No: 2009-00382
Slip Opinion No: 2009 NY Slip Op 73719(U)
Decided on May 29, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M87274

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2009-00382

In the Matter of Geneva A. (Anonymous).

Rebecca L.-T. (Anonymous), appellant.

(Docket No. A-1228-07)

DECISION & ORDER ON MOTION

Motion by the appellant to direct the return of the subject child to her care and custody and to stay all adoption proceedings with any other foster parents, pending hearing and determination of an appeal from an order of the Family Court, Kings County, dated October 23, 2008, to enlarge the record to include the transcripts of proceedings which occurred before the Family Court, Kings County, on May 1, 2008, in a proceeding entitled Matter of Geneva S., pending under Docket No. B-19970/04.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is granted, and the decision and order on motion of this court dated March 10, 2009, granting poor person relief to the appellant, is amended to direct the stenographer(s) and/or the transcription service(s) to promptly to make and certify two transcripts of the minutes of the proceedings which occurred before the Family Court, Kings County, on May 1, 2008, in a proceeding entitled Matter of Geneva S., pending under Docket No. B-19970/04, if available, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, the transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall file the transcripts with this court, without cost; in the case of transcription service(s), both copies shall be delivered to this court; and it is further,

ORDERED that the appellant's attorney shall serve a copy of this decision and order on motion on the clerk of the Family Court, Kings County; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., FISHER, ENG and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court